Description of Services
The term "Services" means the Site, Internet web pages, including but not limited to, the text, data, information, materials, software, and graphics contained or provided in any form or media that may be accessible through the Site web, Facebook, and mobile applications, which application is currently located at the Site, as well as all updates, enhancements and modifications thereto, and all intellectual property contained therein. In addition, the meaning of "Services" will include all email, reports, correspondence, or data sent by Site or third party providers such as: SmartZip data, MLS boards or its agents and/or accessed at the various URLs owned and operated by Site owner or powered by Real Geeks, LLC.
The Services consist of: (i) services for which users are not required to register to use Site, and (ii) services for which users must register with personal data to use such services of Site to get property listings updates and broad range property valuations. We reserve the right require you to become a registered user to access certain data on Site.
Some Services and data are are provided by third party software, content and/or other copyrighted material. You understand and agree your use of such Third Party Content is governed by the acknowledgements, licensing terms and disclaimers for such Third Party Content.
Use of the Services
Subject to these Terms, Site grants you a revocable, non-transferable, non-exclusive limited license to use those portions of the Services to which you are granted access but only for your own personal, non-commercial use solely for the purpose of assessing real estate data. The Services are not intended to be used for, and you will not use the Services for, the issuance of policies of title insurance, appraisals or pricing your property to sale or buy. The data provided is by third parties and is to be only used as a broad range estimate and is not deemed to be accurate. You may download, print and transmit electronic or hard copies of pages and reports from the Services or portions thereof but only in connection with your own personal use and not on behalf of or for the benefit of any third party and only as long as your use of the transmitted copies of pages and reports complies with these Terms.
Except as expressly set forth in these Terms, you may not (i) modify, publish, broadcast, or circulate the Services, or any portion thereof (including, but not limited to, any download or printed copies made from it); (ii) reverse engineer, decrypt, disassemble, or decompile any object code or algorithms or create derivative works from the Services; (iii) sublicense, sell, or resell the Services to any third party, or (iv) remove, obscure, deface or otherwise interfere with any proprietary or restrictive notice or legend contained in or included on any part of the Services. You also agree not to access or copy any portion of the Services through any automated viewing, downloading or crawling systems.
Site has the right, at any time without notice, to revoke or limit your license to use the Services (or any portion of it), and change or discontinue providing the Services (or any portion thereof). Site or any third party providers including but not limited to Real Geeks, LLC have no obligation to update the Services or to correct any errors or omissions that might be contained in it.
Ownership and Copyright
You acknowledge and agree that: (i) the Services including without limitation, any modifications, enhancements and updates, and any originals and copies thereof, in whole or in part, and all intellectual property rights therein (collectively, "Proprietary Information") are owned by SmartZip and/or its third party licensors, content providers and other suppliers (collectively, "Content Providers"); (ii) the Proprietary Information contains valuable copyrighted material and is protected by U.S. and international copyright and other intellectual property laws; (iii) the Proprietary Information is licensed, rather than sold, to you pursuant to these Terms; and (iv) you have no rights in the Proprietary Information, other than the rights and licenses granted to user herein.
You further acknowledge and agree that you will not use the Services for any unlawful or unauthorized purpose, and that you will use reasonable efforts to protect any portion of the Services from illicit distribution or use. Each Content Provider is a third party beneficiary of these Terms to the extent necessary to enable it to enforce its proprietary rights in the data and the applicable use restrictions contained in these Terms.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" WITH ALL FAULTS. WE/SITE AND ITS THIRD PARTY CONTENT PROVIDERS DISCLAIM ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND REGARDING THE SERVICES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP, NONINFRINGEMENT, ACCURACY OF INFORMATIONAL CONTENT, AND ABSENCE OF VIRUSES AND DAMAGING OR DISABLING CODE.
NEITHER WE/SITE AND ITS THIRD PARTY CONTENT PROVIDERS WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE SERVICES OR DATA PROVIDED AND REPORTS. PAST PERFORMANCE OF A PROPERTY OR OTHER INVESTMENT VEHICLE DOES NOT GUARANTEE FUTURE PERFORMANCE. NEITHER WE/SITE AND ITS THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR YOUR OR ANY THIRD PARTY'S HOME PURCHASE OR SALE DECISIONS, INVESTMENT DECISIONS, DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THE SERVICES. YOUR USE OF OR RELIANCE UPON THE SERVICES AND ANY RESULTS PRODUCED BY OR OBTAINED VIA THE USE OF THE SERVICES WILL BE SOLELY AT YOUR OWN RISK AND WE/SITE or AND ITS THIRD PARTY CONTENT PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGE RESULTING FROM INACCURACY, INCORRECTNESS, UNSOUNDNESS, AND/OR UNRELIABILITY OF THE SERVICES OR RESULTS.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL WE/SITE AND ITS THIRD PARTY CONTENT PROVIDERS OR ANY PERSON OR ENTITY THROUGH WHOM WE/SITE AND ITS THIRD PARTY CONTENT PROVIDERS MAKES THE SERVICES AVAILABLE BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS, THE SITE, THE SERVICES, OR THE USE OF, OR RELIANCE ON, THE SERVICES, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, STRICT LIABILITY OR NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY, EXCEPT AS SET FORTH BELOW IN THIS SECTION.
NEITHER WE/SITE NOR ITS THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY PUNITIVE, SPECIAL, EXEMPLARY, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THESE TERMS, THE SITE, THE SERVICES, AND THE USE OF, OR RELIANCE ON, THE SERVICES, EVEN IFWE/SITE AND ITS THIRD PARTY CONTENT PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE / SITE DOES NOT ENDORSE, WARRANT OR GUARANTEE, AND WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY FOR, ANY THIRD PARTY GOODS, PRODUCTS, SERVICES OR CONTENT AVAILABLE THROUGH THE SITE OR SERVICES, OR THIRD PARTY WEB SITES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTIES.
YOU ARE RESPONSIBLE FOR ALL USE, ACTIVITIES, AND CHARGES ASSOCIATED WITH OR ARISING FROM ANY USE OF YOUR ACCOUNT, REGARDLESS OF WHETHER YOU AUTHORIZED SUCH USE. YOU MUST PROMPTLY NOTIFY SMARTZIP (USING THE E-MAIL ADDRESS LISTED BELOW UNDER "CUSTOMER SERVICE AND PRODUCT SUPPORT") OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT.
Third-Party Websites, Links, and Information
The Services may contain information, products, and services provided by third parties and links (including advertisements) to websites made available by third parties. This information and these products, services, and links are provided only as a convenience to users of the Services. We / Site or does not control this information or these products, services, or websites, We / Site does not make any representations or warranties, express or implied, regarding this information or these products, services, or websites and will not be liable for any information or services you receive from them. Inclusion of any of the foregoing in the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with We / Site or Real Geeks, LLC with respect to any third party, any third party's website or its content, or any information, products, or services provided by a third party.
We / Site make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from or to the Site, or websites linking to the Site. Such sites are not under our control and we are not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by us of any site or any information contained therein. When you leave the Website, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website.